92 Cal. App. 2d 343 - Gregory v. Gregory’s Empirical Analysis
1949
Citation profile
34 state decisions
How this case has been cited
Cited by 36 later decisions — most recently March 2001 · most notably 53 Cal. 2d 567 - Brewer v. Simpson (1960), Yarbrough v. Yarbrough (1956)
34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Benjamin v. Dalmo Manufacturing Co. · Waybright v. Anderson · 72 Cal. App. 2d 508 - Elms v. Elms · Brill v. Fox · Rehfuss v. Rehfuss
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The only reference to the property settlement agreement in the judgment is: ‘The property settlement agreement between the parties, dated April 24, 1947, is hereby approved. ’ Plaintiff contends that by reason of this language the agreement is no part of the court’s decree, and that to set the agreement aside will require an action in equity, citing Howarth v. Howarth, 81 Cal.App.2d 266 [ 183 P.2d 670 ], as authority therefor. The ease is not in point. There the wife was endeavoring to enforce the provisions of the property settlement agreement. The court held that the agreement had not been incorporated into the decree so as to preclude subsequent action on the agreement itself. There is nothing in the case concerning setting aside the agreement. In a divorce action the court has the power to approve or disapprove a property settlement agreement, or to set aside the agreement if the facts justify it. (Lorraine v. Lorraine, 8 Cal.App.2d 687 [ 48 P.2d 48 ].) Incidentally, defendant testified that plaintiff agreed that the property settlement agreement was to be made a part of the decree. Now he attempts to take advantage of his failure to keep that agreement. ’ ’”
1 later decision quote this exact passage““The court may, upon such terms as may be just, relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.